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Maj.  Rep.  Joint  Select  Com.]  [Adj.  Ses.  1864-. 

Reported  by  Mr.  Warren,  of  Beaufort,  from  Joint  Select  Committee. 

W.  W.  Holden,  Printer  to  the  State. 


MAJORITY  REPORT  OF  JOINT  SELECT  COMMITTEE 
UPON  THE  SUBJECT  OF  THE  SUSPENSION  OF 
THE  WRIT  OF  HABEAS  CORPUS. 

The  Joint  Select  Committee  to  whom  were  referred  so 
much  of  the  Governor's  message  as  relates  to  the  act  of  Con- 
gress suspending  the  privilege  of  the  writ  of  habeas  corpus, 
and  certain  resolutions  introduced  in  the  House  of  Commons 
upon  the  same  subject,  have  had  the  same  under  considera- 
tion. The  undersigned,  a  majority  of  the  committee,  enter- 
tain the  opinion  that  the  act  is  unconstitutional,  unnecessary, 
and  dangerous  to  liberty,  and  believe  it  to  be  the  duty  of  the 
General  Assembly  to  protest  against  it,  and  to  urge  its  repeal. 
They  think  also,  that  it  i:3  eminently  proper  to  consider  in 
this  connection  the  leading  features  of  the  "  act  to  organize 
forces  to  ser^e  during  the  war."  The  former  act  leaves  the 
personal  liberty  of  the  citizen  without  guarantee  or  protec- 
tection,  while  the  latter  asserts  a  general  power  in  Congress 
which  affects  the  freedom  and  sovereignty  of  the  collective 
body  of  the  people,  and  the  very  existence  of  the  State  gov- 
ernment. 

The  undersigned,  therefore,  ask  leave  to  report  the  accom- 
panying resolutions  as  a  substitute  for  the  resolutions  referred 
to  the  committee,  and  recommend  their  passage, 

E.  J.  WARREN,  Chm'n, 
EUGENE  GPJSSOM, 
E.  F.  WATSON. 


RESOLUTIONS  CONCERNING  CERTAIN  ACTS  OF 
THE  LATE  CONGRESS  OF  THE  CONFEDERATE 
STATES. 

Resolved,  That  while  the  people  of  North- Carol  in  a  have 

2  ever  been  and  still  are  anxious  to  strengthen  the  adminis 

3  tration   of  the   Confederate  government  in   every  legiti- 

4  mate  way,   and  to  promote  the  success   of  the  common 

5  cause,  in  order  that  we  may  have  a  speedy  and  honorable 

6  peace,  they  view  with  deep  concern   and  alarm  the   re- 

7  peated  and  manifest  infractions  of  the  Constitution  by  the 

8  Congress  of  the  Confederate  States,  and  this  General  As- 

9  sembly  doth,  in  their  name,  protest  against  such  infrac- 
10  tions  as  of  pernicious  example  and  fatal  tend^-  -^.\ 

Resolved,  That  the  act  of  the  late   Cjv    ress    enlitled 

2  "  An  Act  to  suspend   the  privilege  of  th<     .  i       >f  Habeas 

3  Corpus  in  certain  cases,"  violates  the  h       in    ntal  maxim 

4  of  republican  government  which  re<gu  ret      separation  of 

5  the  departments  of  power,  clothes  the  Executive  with  ji  - 

6  dicial  functions  which    Congress  cannot  constit :ut  ion  ally 

7  confer  even  on  the  judiciary  itself,  and  sots  at  naught  the 

8  most  emphatic  and  solemn  guarantees  of  the  Constitution. 

Resolved,  That  this  General  Assembly,  representing  the 

2  people  of  North-Carolina,  doth  not  consent  to  the  sacrifice 

3  of  the  v'  il  principles  of  free  government,  in  a  war  car- 
4:  ried  on  solely  to  s'  and  perpetrate  them,  aud  doth 

5  declare  that  no  "  conditions  of  pub-ic  danger,"  present  or 

6  prospective,  g  robaWe  or  possible,  can  render  the  liberties 

7  of  the  people  inco  rpatiblo  with  the  pnl  "  •  safety. 

Resolved,  That  the  Act  of  the  same   C      Tress,  entitled 

2  "  An  Act  to  organize  forces  to  serve  during  the  war,"  de- 

3  daring  all  white  men   residents  of  the  Confederate  States 
4:  between  the  ages  of  seventeen  and  fifty  to  bo  in  the  mili- 

5  tary  service,  embracing  in  its  provisions  every  State  of5- 

6  cer  in  all  the  departments,  Executive,  Legislative  and  Ju- 
%  dicial,  and  subjecting  all  the  industrial  pursuits  of  the- 


2  Resolutions  on   IIabeas  Corpus. 

8  country   to   military  supervision  and  control,  reduces  the 

9  State  governments  to  mere  provisional  administrations,  de- 

10  pendent  on  the  grace  and  favor  of  Congress  and  the  Ex- 

11  ecutive,   is  destructive  of  State  sovereignty,  and  imports 

12  an  assertion  of  the  power  on  the  part  of  Congress  to  con- 

13  vert  the  Confederate  government  into  a  consolidated  inili- 

14  tary  despotism. 

Resolved,  That  this  General   Assembly  doth   therefore 
■2  request  onr  Senators  and   Representatives  in  Congress  to 

3  use  their  best,  endeavors   to   procure  a  repeal  of  the  first 

4  mentioned   act,  and   such    modifications  of  the  second    tfc 

5  shall  secure  the  t rights,  and  preserve   the  integrity  of  the 
t>  States  of  the  Confederacy. 

Resolved,  That  a  copy  of  these  resolutions   be  trans 

2  mitted  to  each  of  our  Senators  and   Representatives  in 

3  Congress. 


Hollinger  Corp. 
PH8.5 


